1. HUMAN CHAIN Sachar Committee Report Challenges & Opportunities Dr Syed Zafar Mahmood President, Zakat Foundation of India www.zakatindia.org India Islamic Cultural Centre New Delhi 25 December 2012

2. SACHAR REPORT

3. Government’s Remedial Policies should sharply focus on mainstreaming of Muslim community

4. Definition of Scheduled Castes Article 341

5. Constitutional Order of 1950 is Patently Unconstitutional It says: No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste

6. 15. The State shall not discriminate against any citizen on grounds only of religion …. 16. No citizen shall, on grounds of religion, …. be …discriminated against in respect of, any employment or office under the State. Articles 15 and 16

7. Earmarking of Electoral Constituencies for Schedule Castes Need for corrective measures

8. Sachar Recommendation Nominate Muslims wherever Government has discretion To illustrate, Sachar quoted A.P. example. A carefully conceived ‘nomination procedure’ should be worked out to increase Muslim inclusiveness in governance Ministry wrote: This recommendation concerns AP Govt. No action has been taken

9. Sensitize the Government Officers It should begin from the Ministry of Minority Affairs

10. Evaluate text books Purge them of explicit & implicit content that may impart religious intolerance

11. Create high quality government schools in Muslim concentration areas

12. Reduce pre-entry qualification IITs to class VIII

13. ITIs & Polytechnics should focus on sectors in which Muslim population is concentrated

14. Extend eligibilty for admission in ITIs & Polytechnics to Madarsa educated chldren

15. UGC should evolve a system where part of the grant allocation is linked to diversity

16. In universities & colleges evolve Alternate Admission Criteria Merit 60% Backwardness 40% (Income & family occupation) (Sachar Committee Report Page 246, Statement 12.1)

17. Build hostels in partnership with Muslim community (Landlords are reluctant to accept Muslims as tenants)

18. In the Banks Enhance access to Muslims in Priority Sector Advances

19. Have Muslims on Interview Panels

20. Infrastructure

21. Wakf properties: Basic Facts No of Wakf properties: 500,000 Total Land Area: 600,000 acres Current value: Rs. 1.2 lakh crores Current Annual Income from these properties Only Rs. 163 crores 0.14 % Ridiculously Low

22. Unauthorized Occupations by Governments

23. Prime Minister’s Letter of 1976 to Chief Ministers

24. BAD LAW & MALADMINISTRATION REASONS ? (as per Sachar Committee)

25. CEO State Waqf Board Interaction with Officers of different Departments, Mutawallis, Removing Encroachments, Leasing / Monitoring Waqf Properties,, Court Cases Tribunal

26. As per section 23 of the Wakf Act the CEOs of State Wake Boards have to be Muslim. But, in higher bureaucracy Muslims are not more than 2.5 %. Hence, AS FOUND OUT BY ZFI IN 2011, UNDER RTI ACT, CEOs are : Veterinary Doctor, Naib-Tahsildar, BDO, Junior Employment Officer, Survey Inspector, Primary Teacher in 2.5 %

29. Obtained under orders of Central Information Commission

30. IN THE FILES OF THE MINISTRY OF MINORITY AFFAIRS THIS IS THE REMARK REGARDING SACHAR COMMITTEE’S RECOMMENDATION TO CREATE A SEPARATE CADRE TO MANAGE WAQFS. MINISTRY HAS NO RECORD THAT BEFORE IT WAS PRESENTED TO THE CABINET WHAT DISCUSSION TOOK PLACE ON THIS TOPIC, IF ANY, AND WHY THE REJECTION OF THIS VITAL RECOMMENDATION WAS RECOMMENDED TO BE REJECTED.

31. Copy of Cabinet Note obtained under RTI Act: DOES NOT GIVE ANY REASON FOR NOT ACCEPTING THE CREATION OF INDIAN WAQF SERVICE

32. Constitution of India Schedule VII Concurrent List 28. Charities and charitable institutions, charitable and religious endowments and religious institutions. (includes Waqfs) All-India Services 312. If the Council of States (Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services common to the Union and the States, and regulate the recruitment, and the conditions of service of persons appointed, to any such service.

33. SECRETARY / CEO, OFFICER OF THE CENTRAL WAQF COUNCIL GOVERNMENT & STATE WAQF BOARD

34. JPC on Waqfs Headed by Sri K. Rahman Khan Deputy Chairman of Rajya Sabha 9 th Report Muslim officers of appropriate seniority are generally not available to be posted as CEO of State Waqf Boards

35. WAQFS REQUIRE A SPECIAL CATEGORY OF TRIED OFFICERS. WE HAVE ALSO REFERRED THIS IN OUR REPORT - JPC REPORT ON WAQF AND WE HAVE COMPARED IT WITH HINDU CHARITABLE ENDOWMENT ACT…” Mr K. Rahman Khan This recommendation of the Sachar Committee has to be taken seriously http://twocircles.net/2011jul31/central_wakf_council_can_administer_wakf_ca dre_says_wakf_jpc_chief.html

38. On the models of Tamil Nadu, Kerala, Karnataka and A.P. where exists Hindu Religious and Charitable Endowments Administration Service

39. Government must withdraw its rejection of this vital Sachar recommendation Government must create INDIAN WAKF SERVICE

40. INDIAN WAQF SERVICE Create

41. For training of officers & staff, establish National Waqf Academy

42. JPC Waqf Survey Commissioner’s Notification shall be treated as ‘Deemed Mutation’ for REVENUE RECORD DETERMINATION OF TITLE

44. For the post of Secretary, Central Waqf Council Waqf Act 1995 does not provide any Qualification or his official level in the Government

45. Sachar Committee recommended: The level of Secretary, CWC shoushould atleast be Joint Secretary to the Government of India The Waqf Bill 2010 ignores this vital recommendation. It needs to be incorporated in the Bill

47. JPC : Establish (a) National Waqf Properties Development Board (b) National Board for Promotion of Education among Muslims (c) National Waqf Development Council with a revolving fund of Rs 500 crore.

48. Sachar Committee: Enhance Lease Period for Regd Trusts & Regd Societies to build Educational Institutions & Hospitals or for other projects of Social or Economic Development consistent with Waqf objectives and as permissible in Islamic Law.

49. Tackling the Encroachment of Waqf properties 8 Steps

50. Sachar Committee: Sachar Committee: Widen the definition of Encroacher to include one who Alters the property or Occupies it without Waqf Board’s permission

51. JPC Give to the CEO Magisterial Powers & Powers to Evict

52. JPC Declare Waqf properties as Public Premises for enabling Eviction

53. JPC Punish Public Servants for not removing encroachment.

54. JPC & Sachar Committee: Define Waqf Property

56. Replace the word ‘community’ by ‘Muslim community of India’

57. ZFI has found out under RTI Act Scheme for providing quality education in Madarsas [SPQEM] has not yet been publicized Despite Rupees 50 lakh annually granted to HRD Ministry for SPQEM publicity.

58. Government Sector - A

59. Government Sector - B

60. Wakf Amendment Bill, 2010 5(v). When the line of succession fails, the income of the waqf shall be spent for education, development and welfare of the community. ZFI’s query to the Ministry of Minority Affairs Why not replace ‘community’ by ‘Muslim community of India’. Give us a copy of the explanatory note on this proposed amendment. The word ‘community’ has not been defined in the Act or the Bill. In future, it can lead to unnecessary litigation. [This work has been done sitting in USA]

61. PM’s 15 Point Program for Minorities Urdu Teachers (Another ZFI Venture) Lack of Information Lack of Publicity At State Level Government Orders (GO) Not Issued

62. Equal Opportunities Commission Not Yet Created

63. Incentives for Diversity Index Not yet instituted

64. Muslim children not attending school

65. Waqf Tribunal Sachar Committee: Chairman & Members to be Full Time JPC: Give only one year to decide a case

66. HARSH MANDAR’s Centre for Equity Studies, New Delhi Promises to Keep Investigating Government’s response to Sachar Committee recommendations

68. The researchers visited 3 Muslim majority districts: Darbhanga in Bihar, 24 Parganas in West Bengal and Mewat in Haryana

70. Young Muslim men and women face Discrimination in Government Recruitment Private Sector Appointment of Muslims is even more dismaying.

71. Muslim settlements are systematically deprived of access to infrastructure and public services, such as power, piped water supply and sewerage.

72. The institutional structures designed to implement these initiatives – right from the Union Ministry of Minority Affairs down to Implementing Officials in Districts and below – Lack Conviction, Clout and even a Clear Mandate to directly battle the socio-economic structural discrimination and denial encountered by the community.

74. The political valour and vision that informed the appointment of Sachar Committee is not matched by that required to build an Appropriate and Adequate Response to the Multiple Development Deficits Suffered by the teeming majority of Muslims of India.

76. Political Managers of the Ruling Combine possibly caution against providing grist to the opposition’s charges of ‘minority appeasement’. They ‘fear’ the political consequences of the Government being seen as openly taking sides with a community which is currently stigmatised as regressive and violent, globally and nationally.

78. The Government has resorted only to small, poorly budgeted, almost token interventions

79. “In Mewat (80 % Muslim population) instead of spending MsDP funds to upgrade this school, government preferred to spend it on a neighbouring wealthier non-Muslim village. This pattern was repeated in all the other districts we visited. “

81. In Darbhanga, under Sarva Shiksha Abhiyan in 2009-10, 66 new primary schools were opened, ostensibly for enhancing access to children from minority backgrounds. Curiously, only 7 of those were in minority concentration areas.

83. In 24 Parganas only 2.2% minority BPL households have been covered by the self- employment SGSY scheme, and less that 1% of the households have actually received bank credit. In the year 2010, right up to November, not a single Muslim SHG received bank credit.

85. While the policy effort was to address Muslim deprivations, it morphed into one for all minorities by the time the policy reached programme stage. In practice, the programme has been reduced to an area- scheme that misses everyone

87. Government has to muster the Will to politically admit the Cumulative Neglect and Discrimination which has held back India’s largest socio-religious minority.

89. Government must create a separate Budgetary Sub-Plan for Investment exclusively on Development Programmes for Muslims, like governments have done for Scheduled Castes and Tribes.

91. Diffidence at policy level to clearly focus on Muslims and their deprivations translates into active reluctance by implementing agencies on the ground, to target Muslims and the drivers of their deprivations, even in districts with high Muslim concentrations.

93. There is complete disconnect between minority welfare infrastructure and Muslim civil society, and poor efforts by government to create awareness of schemes and reach out to beneficiary groups/Muslim civil society.

95. There is Poor Muslim representation in decisions making bodies.

96. Suggested Action Plan

97. Enhance Outlay for Minorities under 15 Point Programme – to at least 19% of total plan allocation

98. Make village and ward (and not the district) as units of planning for infrastructure schemes

99. Establish ‘Facilitation Centres’ at Block and District levels, Run by Muslim youth, to act as information dissemination and guidance facilities on schemes and entitlements

101. The Government should create a Special Component Plan of Rs. 25,000 crores; an Annual Budget of Rs. 15,000 crores for Modernisation of Madrasa Educational network and for opening new educational institutions for Muslims; and Another Budget of Rs. 10,000 crores for large scale skills development programmes, creation of small enterprises and other economic opportunities

103. The burdens of history cannot be shed in a day. “But we can surely walk that path if we walk together”